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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Regarding the disputed issues on which the scholars' opinions differ, it is expected that we seek to understand our religion.

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The questioner : Regarding these issues... that we seek to understand the religion of Allah—Mighty and Majestic... one exerts effort in the evidence. When some of the scholars ask and want to... he is answered that he... or... or that he has entered a field for which he does not have the tools... ... discuss with me when you look at the evidence of the scholars... that means you... they are answered: we want to worship Allah with insight... are we performing the role of following in this way, or... a person only wants to worship Allah with insight. This is one point, and the other point is...

The Shaykh : No, let me stay with the first point for fear that we forget it; because I am asking you: what exactly do you mean, briefly, by saying "in this way"? What do you mean by "in this way" so that I can answer you?

The questioner : For example, this issue.

The Shaykh : No, I did not understand your words. Be brief.

The questioner : The question is: a person... specific issues, for example, reciting behind the imam; he wants to know whether he should recite or not. He looks at the evidence of the scholars.

The Shaykh : This is a repetition!

The questioner : Okay; briefly, if Allah wills, they answer him: "Do not do this, you are now... ... seeking to understand the religion in these fields... like this issue, and other scholars, past and present, are still doing so to this day."

The Shaykh : How can you say now that you want to express an opinion? This contradicts your previous statement... I want to know how to answer you?

The questioner : Yes, ... one of the scholars' opinions, it resembles the opinion of one of the scholars... the opinion of these people... this opinion is stronger. Now, is it the capacity of understanding or the preference of this opinion?

The Shaykh: All right.

The questioner : ... but I want to rise... it is not merely...; I mean, I want your comment on this issue? ... .

The Shaykh : Okay; I will summarize what I may have understood, or what I might have understood. If I am right, support me; if not, correct me. I summarize what I understood from you: some scholars or some distinguished Shaykhs disapprove of some people when they want to be reassured and rely on one of the opinions in which the jurists have differed in the past, and they want to adopt one of these opinions. They read in the books and ask the scholars. When they ask these scholars, the scholars say: "You are not in this position... to understand and prefer one opinion over another." Is this what you want?

The questioner: Yes.

The Shaykh : Okay; I say that it is not disapproved of for these people, with the Islamic culture they possess, when they study one of the disputed issues in the fiqh books and find much confusion and many opinions, like this issue where we mentioned three schools of thought, to look into the religion of Allah. No one can ever disapprove of any Muslim, whether he is—this is my answer now—no one who is on the path of insight in his religion can disapprove of anyone's desire to look into the religion, even if he is from the common Muslims and does not have the culture I referred to in your question when you said: "He read in the books, and the opinions conflicted for him," and so on. No one can—I repeat—no one can disapprove of any Muslim who wants to be on the path of insight in his religion, even if he is from the common Muslims and does not have legal culture, but he has a mind for which Allah holds him accountable. He can understand what this scholar says and what that scholar says, even if they differ slightly or greatly. This is because Allah—Blessed and Exalted is He—said in His Noble Book, addressing the Prophet (peace and blessings be upon him) personally, and thereby addressing his Ummah:
Say, "This is my way; I invite to Allah with insight, I and those who follow me. And exalted is Allah; and I am not of those who associate others with Him." قل هذه سبيلي أدعو الى الله على بصيرة أنا ومن اتبعني فسبحان الله وما أنا من المشركين
[Yusuf 12:108]
. So where is the Messenger of Allah (peace and blessings be upon him) in... in his closeness to Allah—Exalted is He—and it is sufficient for him that he is the master of the children of Adam. And where is the lowest of the Companions of the Prophet (peace and blessings be upon him) in terms of the difference between the two levels? How vast is the difference between them! Yet the Prophet (peace and blessings be upon him) included himself with the lowest Muslim in being on the path of insight in his religion;
This is my way; I invite to Allah with insight, I and those who follow me قل هذه سبيلي أدعو إلى الله على بصيرة أنا ومن اتبعني
[Yusuf 12:108]
.
Therefore, it is obligatory for every Muslim to be on the path of insight in his religion, and insight is not achieved by merely asking: "Is this haram or halal?" "Haram," and the matter is finished! He goes to another Shaykh and says to him: "It is halal." Let us take an example now: smoking, which many people in this country and elsewhere have been afflicted with. Some say it is haram, and their scholars do so. Some say it is halal, and I am not with them, neither near nor far. And some say the five rulings apply to it. What does this common person do? He must say to the first, second, and third: "What is the evidence?"
If he asks the one who forbids it, he says to him: The Messenger of Allah (peace and blessings be upon him) said:
It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.” لا ضرر ولا ضرار
Sunan Ibn Majah 2340Da'if (Darussalam)
, and he adds other things which we are not currently discussing. He comes to the one who says—for example—that it is permissible, that the original ruling for things is permissibility. He heard thisThe student : knowledge... this principle is often mentioned by scholars on many occasions. But when it is said: "The original ruling is permissibility," it means only if nothing comes that contradicts this original ruling. The hadith that he heard from the first scholar when he consulted him, who said: "No, it is haram; because the Messenger said:
It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.” لا ضرر ولا ضرار
Sunan Ibn Majah 2340Da'if (Darussalam)
, so smoking harms its user and harms those sitting around him... they contradict it with the bad smell and the like.
He comes to the other one who says the five rulings apply to it. Here, this poor person will be lost. What are these five rulings? And what is the meaning of... the summaries... the Messenger (peace and blessings be upon him). So I believe that the position of the scholars, who are also on the path of insight, is that they do not forbid individual Muslims from being on the path of insight in their religion.
In my opinion, this is the answer to your question, but... .
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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